All States Parties to the Biological and Toxin Weapons Convention (BTWC) need to ensure that their obligations under Article I not to develop, produce, stockpile, otherwise acquire or retain any of the agents, toxins, weapons, equipment or means of delivery specified in Article I are transposed into their national legal order so that these obligations apply to any natural and legal persons on the territory of the State Party to the BTWC or under its control.

This requires penal measures to criminalise prohibited activity and specify appropriate sanctions for violation. The States Parties affirmed or reaffirmed their understanding of the Convention's prohibitions at the 6th Review Conference (20 November - 8 December 2006).

All States Parties therefore require penal measures to implement and enforce the Convention's prohibitions on:

• the development, production, stockpiling, other acquisition or retention of microbial or other biological agents, or toxins whatever their origin or method of production, of types and in quantities that have no justification for prophylactic, protective or other peaceful purpose (Article I, BTWC);
• the development, production, stockpiling, other acquisition or retention, or use, of all naturally or artificially created or altered microbial and other biological agents and toxins, as well as their components, regardless of their origin and method of production and whether they affect humans, animals or plants, of types and in quantities that have no justification for prophylactic, protective or other peaceful purposes (6th Review Conference understanding, Article I);
• the development, production, stockpiling, other acquisition or retention of weapons, equipment or means of delivery designed to use such agents or toxins for hostile purposes or in armed conflict (Article I, BTWC);
• the use by the States Parties, in any way and under any circumstances, of microbial or other biological agents or toxins, that is not consistent with prophylactic, protective or other peaceful purposes. At the 6th Review Conference the States Parties agreed that any use of biological agents or toxins in contravention of the General Purpose Criterion is effectively a violation of Article I of the BTWC;
• experimentation involving open-air release of pathogens or toxins harmful to humans, animals and plants that have no justification for prophylactic, protective or other peaceful purposes (6th Review Conference understanding, Article I).

In addition, the 6th Review Conference affirmed the determination of States Parties to condemn any use of biological agents or toxins for other than peaceful purposes, by anyone at any time.